Tecklenburg

Tecklenburg v. Appellate Division of Superior Court

Good Law
169 Cal. App. 4th 1402·2009 Cal. App. LEXIS 13·87 Cal. Rptr. 3d 460
Court of Appeal of CaliforniaJanuary 8, 2009C055368California6,861 words

Opinion

Opinion

Cantil-Sakauye, J.

At the direction of the California Supreme Court, we consider two issues regarding the sufficiency of the evidence to support defendant Michael James Tecklenburg’s misdemeanor convictions of knowing possession or control of child pornography in violation of Penal Code section 311.11, subdivision (a). We conclude substantial evidence supports his convictions and affirm the judgment.

PROCEDURAL BACKGROUND

After a jury trial, defendant was found guilty of six misdemeanor counts of knowing possession or control of child pornography in violation of section 311.11. The trial court suspended imposition of sentence and placed defendant on three years’ formal probation and ordered defendant to serve 90 days in county jail. Defendant was also ordered, among other things, to register as a sex offender pursuant to section 290. Defendant timely appealed. We next describe the procedural route of the case and the issues framed for us by the Supreme Court.

On appeal to the Appellate Division of the San Joaquin Superior Court, defendant claimed (1) there was insufficient evidence to show it was defendant who possessed the child pornography found on the computers that were analyzed, (2)…

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